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: New York Supreme Court Criminal Term LibraryNew York Law Journal: Decisions of Interest January 29, 2010
By David Badertscher, PLL
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U.S. COURT OF APPEALS, SECOND CIRCUIT
Judges
Free With Registration: Panel Lets Stand Ruling Denying Sanctions and Bid for Recusal Over Lawyer's Leak to Press
Keach v. County of Schenectady*
NEW YORK COUNTY
Schools and Education
NYU Granted Dismissal of Former Student's Claims; Statute Does Not Provide Private Right of Action
Kruglyak v. New York University
NEW YORK COUNTY
Landlord/Tenant Law
Landlord Granted Application for Use And Occupancy Against Tenants
Caton v. Grand Machinery Exchange Inc.
NEW YORK COUNTY
Contracts
Court Finds Question of Fact on Whether Contract Exists and, if it Does, Which Party Breached It
NIRAC Realty Inc. v. A. Prokosch & Sons Sheet Metal Inc.
NEW YORK COUNTY
Landlord/Tenant Law
Tenants Granted Motion to Dismiss Landlord's Non-Primary Holdover Proceeding as Abandoned
Midwest Ventures LLC v. Baron
KINGS COUNTY
Criminal Practice
Second-Degree Conspiracy Charge Involving Drugs Ineligible for Resentencing Under Reformed Law
People v. Williams
KINGS COUNTY
Attorney's Fees
Counsel Is Granted Fees Set Forth in Retainer Agreement, Denied Enhanced Fees Now Sought
Alamgir v. Poveda
U.S. COURT OF APPEALS, SECOND CIRCUIT
Civil Practice
Dismissal Without Prejudice for Failure to Refile Petition Wrongly Converted Into Dismissal on Merits
Hanrahan v. Riverhead Nursing Home
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
NYU Denied Judgment on Liability on Retaliatory Discharge Claim; Issues Exist on Doctor's Back Pay
Pay Pal v. New York University
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Contracts
Suit Over Lost FedEx Package Dismissed; No Evidence Of Call Reporting Loss Within 72-Hour Time Period
Mr. Baguette Ltd. v. Federal Express Corp.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Torts
Fraud, Misrepresentation Claims Against Manufacturer Do Not Allege Scienter, Meet FRCP Rule 9 Standards
B&M Linen Corp. v. Kannegiesser USA Corp.
U.S. DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
Transportation
Railroad Need Not Maintain Crossing After State Agency Decision to Close Crossing, Erect Barricade
Island Park LLC v. CSX Transportation Inc.
Full post as published by New York Supreme Court Criminal Term Library on January 29, 2010 (boomark / email).
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